DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation "the first dynamic compression slot" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Langdale (US. 20170056081).
Langdale discloses a method of treating a fracture of a bone, comprising: providing a tibia bone plate para. 5, the tibia bone plate including: a head including a plurality of bone screw holes fig. 1E , a shaft fig. 1D disposed distally of the head, the shaft including: a first set of holes having first and second locking holes longitudinally spaced from each other (see modified fig. 1d below), and a second set of holes disposed proximally of the first set of holes and having a dynamic compression slot and a third locking hole longitudinally spaced from each other (see modified fig. 1d below), positioning the tibia bone plate to the bone; and securing the tibia bone plate to the bone using one or more of the plurality of bone screw holes, the first set of holes, and the second set of holes fig. 4a, wherein every locking hole is a fixed angle locking hole para. 7, 8, 11, wherein the first dynamic compression slot is a bi- directional dynamic compression slot para. 48, wherein the shaft further includes a third set of holes (see modified fig. 1d below) longitudinally spaced from each other and disposed proximally of the second set of holes, the third set including fourth and fifth locking holes, wherein the shaft further includes a fourth set of holes (see modified fig. 1d below) longitudinally spaced from each other and disposed distally of the first set of holes, the fourth set including a sixth locking hole and a bi-directional dynamic compression slot, wherein the shaft further includes a group of a locking hole and a dynamic compression slot longitudinally spaced from each other and disposed distally of the first set of holes fig. 1d, wherein the locking hole of the group is disposed distally of the dynamic compression slot of the group fig. 1d, wherein the tibia bone plate further includes a neck (see modified fig. 1d below) disposed between the head and the shaft, and comprises at least three kickstand holes, wherein the plurality of bone screw holes in the head includes a first row of holes 122 and a second row of holes 120b, fig. 1E, the second row of holes 120b disposed distally of the first row holes 122 and are larger than the first row of holes fig. 1E, wherein the head further comprises at least one k-wire hole 124, further comprising a plurality of spaced indentations (that receive screw 168, fig. 3) configured to receive an aiming guide 160a.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached at 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775
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